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CMA criticizes Microsoft as it clears $69B Activision Blizzard buy

(2023/10/13)


Britain's competition regulator finally waved through Microsoft's $69 billion purchase of games developer Activision Blizzard today, ending a 15-month saga that turned more than a little tetchy at times.

The decision seemed a mere formality following the Competition and Markets Authority's comment in [1]August that a concession offered by Microsoft – to [2]divest cloud streaming rights for Activision games to Ubisoft outside of the European Economic Area – addressed concerns.

The regulator tried to claim some victory of sorts today by saying it is "clearing this narrower transaction," and its intervention means Microsoft can no longer lock up cloud gaming competition, ensuring prices and services remain healthy for consumers.

[3]

"The CMA is resolute in its determination to prevent mergers that harm competition and deliver bad outcomes for consumers and businesses. We take our decision free from political influence and we won't be swayed by corporate lobbying," said CMA CEO Sarah Cardell in a [4]statement .

[5]

[6]

"We delivered a clear message to Microsoft that the deal would be blocked unless they comprehensively addressed our concerns and stuck to our guns on that," she added.

When the CMA [7]blocked Microsoft's buy of Activision in April, after finding serious competition concerns, things got bitter. Activision Blizzard said it would "work aggressively" with Microsoft to [8]appeal the decision .

[9]

A spokesperson added at the time: "The report's conclusions are a disservice to UK citizens, who face increasingly dire economic prospects. We will reassess our growth plans for the UK. Global innovators large and small will take note that – despite all its rhetoric – the UK is clearly closed for business."

Microsoft vice-chair and president Brad Smith accused the regulator of having a "flawed understanding of this market and the way the relevant cloud technology."

In a nod to the silliness, Cardell last the CMA said today: "Businesses and their advisors should be in no doubt that the tactics employed by Microsoft are no way to engage with the CMA.  Microsoft had the chance to restructure during our initial investigation but instead continued to insist on a package of measures that we told them simply wouldn't work. Dragging out proceedings in this way only wastes time and money."

[10]

The tone from Microsoft now could not be more different. In a statement sent to The Reg , Smith said: "We're grateful for the CMA's thorough review and decision today. We have now crossed the final regulatory hurdle to close this acquisition, which we believe will benefit players and the gaming industry worldwide."

According to Alex Haffner, competition partner at UK lawyer Floodgate, said the decision ends what became a "tumultuous process for all concerned."

[11]Game on: FTC tries again to block Microsoft Activision merger

[12]Google exec: Microsoft Teams concession 'too little, too late'

[13]We'd pay good money to see... oh dear, Elon Musk 'needs an MRI scan'

[14]Judge shoots down FTC attempt to stall Microsoft-Activision merger

"In many ways, the end result is no different to other transactions which have raised significant competition concerns amongst competition regulators with the parties agreeing concessions to mitigate those concerns in an effective and clean cut manner.

"But what is different here is the circuitous route taken to get to that end point and the fact that Microsoft and Activision had to go to the brink of court proceedings before an accommodation was found.

"The question that is left hanging therefore is whether this case shows a merger oversight system in the UK that is too dogmatic in dealing with what is a forward looking competitive assessment (especially in the case of 'Big Tech'), or one which can be sufficiently flexible when required, provided always that consumer protection is to the fore," he told us. ®

Get our [15]Tech Resources



[1] https://www.theregister.com/2023/09/22/microsoft_activision_provisonally_approved/

[2] https://www.theregister.com/2023/08/22/microsoft_activision_ubisoft_cma/

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZSlppq01oI2j3EisgoQZfwAAAA0&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[4] https://www.gov.uk/government/news/microsoft-concession-a-gamechanger-that-will-promote-competition

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZSlppq01oI2j3EisgoQZfwAAAA0&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZSlppq01oI2j3EisgoQZfwAAAA0&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[7] https://www.theregister.com/2023/04/26/uk_regulators_block_microsofts_activision/

[8] https://www.theregister.com/2023/05/25/microsoft_files_appeal_against_uk/

[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZSlppq01oI2j3EisgoQZfwAAAA0&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZSlppq01oI2j3EisgoQZfwAAAA0&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[11] https://www.theregister.com/2023/09/27/ftc_microsoft_activision/

[12] https://www.theregister.com/2023/09/15/google_exec_microsoft_teams_concession/

[13] https://www.theregister.com/2023/08/07/musk_cage_fight_latest/

[14] https://www.theregister.com/2023/07/11/ftc_microsoft_activision/

[15] https://whitepapers.theregister.com/



Another capitulation

Anonymous Coward

Why did they then allow this to go through?

How many brown envelopes must have passed by now?

Too big to fail

elsergiovolador

Looks like CMA does not understand markets, competition and capitalism.

How smaller businesses can compete with Microsoft if CMA helps it to get even bigger?

What is the point of that institution then?

Just another gravy train, so the people working there can feel fake power and pretend they care while pocketing tax payer money?

Embarrassment for the UK

Pugnacious Possum

Not only did every other country allow this to go ahead (including Japan where Sony and Nintendo would be most affected), but the CMA’s point about cloud gaming is just laughable.

Once again the UK is a joke on the world stage. The much more significant story is in the FT today saying that Microsoft was considering approaching Nintendo in 2020 and how undervalued Nintendo (along with other Japanese companies) is.

Re: Embarrassment for the UK

munnoch

I'm not a gamer (at least not since the ZX Spectrum went out of fashion...) and I thought the Cloud objection was kind of arbitrary and hard to appreciate. But its absolutely true that all these mega-mergers achieve is increasingly banal products for consumers.

Just look at the output of the big film studios, prequel this, reboot that, spin-off the other, very little that counts as original thought or content. There has never been more content available ever but its nearly all just dross. I imagine this is what will happen to gaming, but I'm not a gamer, so that doesn't bother me (but I do have a lifelong hatred of MS so actually it does bother me).

At least the CMA sort of tried to object (I can't believe I'm defending a quango...), but we all knew ultimately where it would end. And that's the real problem. Big Tech believe they are above the law and for all practical purposes they are.

Re: Embarrassment for the UK

elsergiovolador

There has never been more content available ever but its nearly all just dross.

Many of those "productions" are just tax avoidance schemes.

Re: Embarrassment for the UK

Watashi

Activision Blizzard annual revenue for 2022 was $7.5 billion, a 14.48% decline from 2021.

Roblox annual revenue for 2022 was $2.2 billion, up 16% from 2021

Yeah, no future in cloud gaming at all.

SW

CMA: "You can't talk to us like that, don't you know who we are...!!!"

MS/AB: "We know exactly who you are Little Englander Man" and look ---- "We got what we wanted all along - but at what wasted cost just to make a government quango feel important"

To be happy one must be a) well fed, unhounded by sordid cares, at ease in
Zion, b) full of a comfortable feeling of superiority to the masses of one's
fellow men, and c) delicately and unceasingly amused according to one's taste.
It is my contention that, if this definition be accepted, there is no country
in the world wherein a man constituted as I am -- a man of my peculiar
weaknesses, vanities, appetites, and aversions -- can be so happy as he can
be in the United States. Going further, I lay down the doctrine that it is
a sheer physical impossibility for such a man to live in the United States
and not be happy.
-- H. L. Mencken, "On Being An American"